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(영문) 인천지방법원 2020.10.22 2020고단6108
아동복지법위반(아동유기ㆍ방임)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

No person shall abandon a child under his/her protection and supervision, or neglect the basic protection, rearing, medical treatment and education, including food, clothing and shelter, etc.

Nevertheless, on December 6, 2015, the Defendant given birth to the victim D (mari and zero) at the “C Hospital” emergency room located in Jung-gu Incheon, Jung-gu, Incheon, on the ground that the victimized child was a married child, but did not report the birth of the victimized child on the ground that the victimized child was a married child, thereby making a false report to the district unit as if the victimized child was not the child born to him/her but the child was transferred to him/her from his/her nameless person, and thereafter, the victimized child was transferred to the protection facility. Since then, the police, the relevant protection facility, and the relevant related agency, etc. met several times to proceed with the follow-up procedure, such as the report of birth of the victimized child, but some of them avoided contact, and the victimized child

As a result, the defendant neglected the basic protection, rearing, medical treatment and education including food, clothing and shelter for a child under his protection and supervision.

Summary of Evidence

1. Statement by the defendant in court;

1. Request for the delivery of a basic certificate of accusation and the application of Acts and subordinate statutes to one copy of a basic certificate (Evidence List Nos. 15,18);

1. Article 71 (1) 2 of the Child Welfare Act, Article 17 subparagraph 6 of the Child Welfare Act, the choice of punishment for an offense, and the choice of imprisonment with labor;

1. Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Child Abuse Crimes, etc. of the Suspension of Execution under Article 62(1) of the Criminal Act provides that the Defendant exempted from the employment restriction order under Article 8(1) of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Child Abuse Crimes, including the background leading up to the instant crime, the Defendant’s age, occupation, occupation, environment, risk of recidivism, details and motive of the crime, the degree of disadvantage and anticipated side effects of the Defendant’

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